By:  Shapiro                                          S.B. No. 1892

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the requirement that the legislature prescribe an

 1-2     educational program for public school students that provides for a

 1-3     general diffusion of knowledge.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 4, Education Code is amended by adding

 1-6     Section 4.003 to read as follows:

 1-7           Section 4.003.  BASIC PROGRAM OF EDUCATION.  (a)  It being

 1-8     the constitutional duty of the Legislature of the State to

 1-9     establish a system of public free schools, the legislature shall

1-10     determine and establish a basic program of education for all public

1-11     elementary and secondary schools.  (b)  Any determination of

1-12     education standards made under this section shall be sufficient to

1-13     provide for a general diffusion of knowledge as required by Article

1-14     7 of the Texas Constitution.  (c)  Notwithstanding any other

1-15     requirement under the Education Code, the standards determined

1-16     under this section, Section 42.001 and Section 42.002 shall

1-17     constitute the entire duty of the legislature to provide for a

1-18     basic program of education as defined in Section 1, Article 7 of

1-19     the Texas Constitution.  (d)  Notwithstanding sections 4.001 and

1-20     4.002, in making a determination under subsection (a), the

1-21     Legislature shall consider only those elements of education

 2-1     necessary to provide a basic program of education.  (e)  At least

 2-2     once within three years after the decennial census has been

 2-3     completed, the Legislature shall make and complete the requirements

 2-4     of subsection (a).  (f)  Nothing in this section shall preclude or

 2-5     prevent a school district from adopting a program that exceeds the

 2-6     basic program as defined in subsection (a).

 2-7           SECTION 2.  Chapter 42, Education Code is amended to read as

 2-8     follows:

 2-9           Sec. 42.001.  State Policy.  (a)  It is the policy of this

2-10     state that the provision of public education is a state

2-11     responsibility and that a [thorough and efficient system] basic

2-12     program be provided and [substantially] completely financed through

2-13     state revenue sources so that each student enrolled in the public

2-14     school system shall have access to [programs and services that are

2-15     appropriate to the student's educational needs and that] a basic

2-16     program of education which is [substantially] equal to those

2-17     available to any similar student, notwithstanding varying local

2-18     economic or socio-economic factors.  (b)  Having prescribed a basic

2-19     program of education, the legislature shall completely fund the

2-20     cost of the determinations made under Section 4.003. Along with

2-21     section 4.003, this section will constitute the duty of the

2-22     Legislature under Section 1, Article 7 of the Texas Constitution.

2-23     (c)  Notwithstanding subsection (b), the public school finance

2-24     system of this state shall adhere to a standard of neutrality that

2-25     provides for substantially equal access to similar revenue per

 3-1     student at similar tax effort, considering all state and local tax

 3-2     revenues of districts after acknowledging all legitimate student

 3-3     and district cost differences.

 3-4           SECTION 3.  Sec. 42.002.  Purposes of Foundation School

 3-5     Program.  (a)  The purposes of the Foundation School Program set

 3-6     forth in this chapter are to guarantee that each school district in

 3-7     the state has: (1)  [adequate] all resources necessary to provide

 3-8     each eligible student a basic instructional program, as determined

 3-9     under Section 4.003, and facilities [suitable to the student's

3-10     educational needs; and  (2)  access to a substantially equalized

3-11     program of financing in excess of basic costs for certain services,

3-12     as provided by this chapter.]  (b)  The Foundation School Program

3-13     [consists of] provides for[:  (1)  two tiers that in combination

3-14     provide for:  (A)] (1)  sufficient financing for all school

3-15     districts to provide a basic program of education as determined

3-16     under Section 4.003, that is rated academically acceptable or

3-17     higher under Section 39.072 and meets other applicable legal

3-18     standards; and  [(B)  substantially equal access to funds to

3-19     provide an enriched program and additional funds for facilities;

3-20     and]  (2)  a facilities component. (c)  Nothing in this Section

3-21     precludes a school district from adopting a program which exceeds

3-22     the basic program defined under Section 4.003 except that funding

3-23     for any program that exceeds the basic program defined in Section

3-24     4.003 shall not be financed through state revenue sources.

3-25           SECTION 4.  This act takes effect January 1, 1998, but only

 4-1     if the constitutional amendment requiring the Legislature to

 4-2     prescribe an educational program and provide adequate funding to

 4-3     provide for a general diffusion of knowledge is approved by the

 4-4     voters.  If that amendment is not approved by the voters, the Act

 4-5     has no effect.

 4-6           SECTION 5.  The importance of this legislation and the

 4-7     crowded condition of the calendars in both houses create an

 4-8     emergency and an imperative public necessity that the

 4-9     constitutional rule requiring bills to be read on three several

4-10     days in each house be suspended, and this rule is hereby suspended.